sir, I am on behalf of victim in POCSO case and police forcefully threatened the victim and recorded her statements as his own direction . that I want to re recorded her statements before the court , sir did any process by which I recorded her statements before the Magistrate without presence of police or any others. very urgent help me
The victim has the right to record the statement under section 164 of the CrPC in the presence of a magistrate.
the statement under section 164 of the Code has to be recorded during the course of investigation only or any time afterward but before the commencement of the inquiry or trial. It is also necessary for the magistrate recording such a statement take all precautions while the same is recorded and to satisfy him that the same is voluntary, it is not out of any fear or favor and there is no policeman present while the same is recorded.
dear no need to worry. prosecutrix may make a complaint to court that in her case police is doing fair investigation. Police had done everything to save culprits. Even Police had got recorded her statement y force. Prosecutrix may demand to change of investigation officer and recording of her statement efore court under section 164 Cr.P.C.
statement u/s 164 CrPC is recorded by the Magistrate. But, the same is recorded during investigation. If, police doesn't want it to be recorded, then prosecutrix can not get it recorded on her own. But, she can file a complaint before the concerned POCSO Court in this regard not more than that. But, it is the prerogative of the investigating agency to decide whether statement before magistrate is required or not..